Editor’s Note: This local law also repealed former Ch. 270, Water, which consisted of Art. I, Kingsbury Water District Nos. 1, 2, and 3 Rules and Regulations, adopted 9-28-1987 by L.L. No. 4-1987 (Ch. A87, Art. I, of the 1983 Code), as amended.

This chapter shall regulate the construction, use, operation
and maintenance of water supply systems in the Town of Kingsbury and
shall include the regulation of service connections and to grant to
the Town Board of the Town of Kingsbury the power to establish rents,
rates, penalties and minimum charges.

All applications for the use of water in the Town of Kingsbury (hereafter
referred to as the "Town"), must be made, in writing, on a form provided
by the Water Department (hereafter referred to as the "Department").
On acceptance by the Department, the application shall constitute
a contract between the Town and the applicant obligating the applicant
to pay the Town its established rates and to comply with the rules
and regulations.

Applications of contractors, builders and others for temporary service
will be accepted, written permits will be issued and temporary water
service will be supplied providing it does not interfere with use
of water for general purposes, and that the use of water from any
hydrant shall be strictly enforced in accordance with this chapter.
Customers requiring temporary service shall reimburse the Department
for its expense in connection with providing the necessary temporary
service connection, and a deposit specified by the Department may
be required.

No agreement will be entered into by the Department with any applicant
for water service until all charges due from the applicant for water
or services at any premises now or heretofore owned or occupied by
him which are in arrears shall have been paid.

Acceptance and/or approval of the water service application of any
new applicant, or the providing of increased service to any existing
water user; requiring water for other than normal domestic purposes;
requiring daily quantities of water which, in the opinion of the Department,
are excessive as to total daily quantity or rate of use during any
portion of the day; whose requirements for water, in the opinion of
the Department, will in any way limit the ability of the particular
water supply and distribution system to provide satisfactory water
service to all then-existing water users, shall be subject to the
review and approval of the Department. Where necessary, in the opinion
of the Department, the applicant shall provide at his own expense
such water conservation, storage or flow-limiting facilities or such
other devices necessary to obtain the approval of the Department.
The Department reserves the right to refuse or limit service to any
new applicant or existing water user if the foregoing requirements
are not met to the Department's satisfaction.

A separate service line shall be required for each dwelling or commercial building as specified under Subsection E. In cases of multiple occupancy, the size and number of separate service lines required shall be at the sole discretion of the Department.

Public safety. Whenever any street or public grounds shall be opened
for the purpose of making a connection with the mains or for laying
any waterlines or fixtures, the public safety and convenience shall
be duly regarded and the street or public place shall be restored
to its original condition as soon as possible; and whenever a trench
is opened, bridges for the safety and convenience of the public shall
be provided and, if left open at night, such excavations and bridges
shall be guarded with barricades, and lights shall be displayed to
warn and protect the public. The application must contain from the
Highway Department the required permit and display the same in the
Town of Kingsbury.

Insurance. Before any work may occur on any street or public grounds,
the applicant shall provide the Department with a certificate of insurance
naming the Town of Kingsbury and the Department as additional insureds.
The Town shall have the right to review and approve liability insurance
coverage in their sole discretion.

At their own expense, the applicant shall install from the curb box
to the meter on the premises a service line and service connections,
all to be approved by the Department. Every service line must have
a stopcock of an approved type at the property or easement line and
be provided with an iron curb box and cover. This stopcock may not
be used by the customer for turning on or shutting off the water supply
but is for the exclusive use of the Department.

The service line and service connections from the curb box to the
meter shall at all times remain the sole property of the applicant,
in whom title thereto shall vest. All service lines installed shall
have no sweat joint between the curb box and the meter.

The customer, at his/her own expense, will maintain and protect from freezing and when necessary replace such service line and service connections, specifications for which are contained in Subsection E.

Should a leak occur in a service line, the owner shall forthwith
cause the same to be repaired at his/her own expense. Should the owner
fail to effect such repair after two days' written notice from
the Department, the district will cause the water service to be discontinued
until such repair has been made.

All service lines shall have a minimum cover of 72 inches below the
surface of the ground, and in no case will any waterline be allowed
to be laid in any sewer or drain trench, nor will any drainage into
a waterline trench be permitted.

All service lines shall not be less in size than three-quarter-inch
inside diameter and shall be United States Government Specification
Type K soft-tempered copper tubing, High-density polyethylene pressure
rated at no less than 200 psi, or C900 or equivalent water pipe, where
approved by the Department with only mechanical joints underground;
over 100 feet: one inch minimum in size is required. For service three
inches in diameter, or larger, ductile iron double cement lined class
52 pipe of quality equal to American Water Works Association or federal
specifications, and of weight suitable for service under a pressure
equivalent to at least 350 pounds per square inch are required. The
Department reserves the right in all cases to stipulate the size and
type of service lines to be used.

No one shall leave the stopcock open nor allow the water to run on
the premises after making any new connection with the street main
or after making any new extension or attachment in unoccupied premises,
but in cases where the work is a simple extension or additional attachments
on consumer's side of the meter, in places where the water is
then in use, the installer may leave the water on.

Except on the pipes on the consumer's side of the meter, no
additions or alterations whatsoever in or about public or private
water pipes shall be made by any person until application therefor
has been made to the Department and a written permit given therefor.

If any building is razed, moved or abandoned, it will be the responsibility
of the owner or authority which requires such razing, moving, abandonment
or other modification by virtue of public improvement to notify the
Water Department to remove the meter. The owner shall discontinue
the water service line by physically removing the service line connection
at the corporation valve and replacing it with a brass plug or other
approved method, under the supervision of the Water Department and/or
agent.

An individual meter shall be required for each separate service line
to a premises. The users of water shall at no time tamper with the
meter. Any tampering with the water meter shall constitute a violation
of this chapter.

All water meters will be purchased from the Department, except as
set forth hereafter. All meters will be purchased at the owner's
expense. The water district will be responsible for installation,
removal, maintenance and testing of said water meters, and all water
meters will become water district property.

Meters larger than two inches shall be furnished by the Water Department
at the owner's expense and shall be set at or near the property
line or in a place designated by the Department, and all expense in
connection with its proper housing, including a bypass for testing,
shall be borne by the customer. Such meters shall be maintained and
repaired at the expense of the owner.

If any premises is vacated, the consumer may, on written notification
to the Department, request that the water meter be removed and stored
with the water being shut off at the curb. A service fee for water
meter removal and storage shall be due and payable prior to service
and set by resolution of the Town Board.

Meters will at all times be protected from freezing. In the event
that the meter is damaged by freezing or other external cause, the
Department will repair or replace the meter at the expense of the
consumer for the cost of repairs. The owner shall be responsible for
applicable charges associated with any water lost as a result of freezing
or other external causes.

The district will maintain, repair and test, when necessary, all
meters. The Department reserves the right to remove and test the meters
as required. In case of a disputed account involving the accuracy
of a meter, the Department will test the meter upon the request of
the owner. A fee as set by resolution of the Town Board from time
to time is required. In the event that the meter is found to over-register
in excess of 2% at any flow rate within normal test flow limits, the
fee will not be charged to the owner; otherwise it will be retained
by the District as a charge and included on the next water bill.

All bills are payable in accordance with the terms of the applicable
service classification. For new services installed at any time during
the billing period, the minimum charge and the amount of water allowed
thereunder will be billed.

The quantity recorded by the meter shall be considered the amount
of water passing through the meter, which amount shall be conclusive
on both the customer and the Department, except when the meter has
been found to be registering inaccurately, or has ceased to register.
In such cases, the quantity may be determined by the average registration
of new meter, or the average registration of the old meter based on
the average monthly use during the preceding six months prior to the
inaccurate reading, or adjusted based on the tested percent of over
registration, whichever method is representative, in the Department's
opinion, of the conditions existing during the period in question.

All bills are due and payable without penalty 20 days after date
thereof. All water charges by the Department shall be in lien upon
which or in connection with which such water is used. If such charges
are not received within 20 days from date due, a penalty of 10% of
the amount of their bill shall be added to the bill for late payment.

If any water account remains unpaid 90 days after the bill for the
same has been rendered, the Accounting Office shall serve a notice
upon the delinquent property owner, and if such account remains unpaid
for 10 days thereafter, the premises may be deprived of water until
all arrearages are paid in full.

If at the end of November there are any amounts still due and owing
on said water account, said amount will be forwarded to the Washington
County Treasurer's office and added to the following year's
Town/County property taxes.

In the interest of public health, the Department will not permit
its mains or service lines to be connected in any way to any piping,
tank, vat or other apparatus which contains liquids, chemicals or
any matter which may flow back into the Department's service
lines or mains and consequently endanger the water supply.

Upon receipt of an application for a new service or for the reinstatement
of an existing service, the Department will assume that the piping
and fixtures which the service will supply are in proper order to
receive the same, and the Department will not be liable in any event
for any accident, breaks or leakage arising in any connection with
the supply of water or failure to supply the same.

The Department undertakes to use reasonable care and diligence to
provide a constant supply of water at a reasonable pressure to customers,
but reserves the right, at any time without notice, to shut off the
water in its mains for the purposes of making repairs or extensions
or for other purposes, and it is expressly agreed that the Department
shall not be liable for a deficiency or failure in the supply of water
or the pressure thereof for any cause whatsoever, nor for any damage
thereby or by the bursting or breaking of any main or service line
or any attachment to the Department's property. All applicants
having boilers upon their premises depending upon the pressure in
the Department's pipes to keep them supplied are cautioned against
danger of collapse, and all such damage shall be borne exclusively
by the applicant.

In those cases where a customer-owned service line is frozen, the
thawing shall be done at the expense of the customer. To avoid a recurrence
of freezing, the Department may order an examination of the customer's
service line and, if the same is not at a depth of 72 inches as required,
the Department reserves the right to require it to be so relocated
before service is resumed.

"Residential property" shall be defined as property used for
human habitation containing less than four dwelling units as classified
by NYS Office of Real Property Services classification code in the
200- Residential category; and low-volume businesses where the total
water consumption by the property owner shall be less than 40,000
gallons annually. All property owners shall be evaluated annually
to determine residential occupancy and total water usage to determine
"low-volume business" classification.

"Commercial property" shall be defined as all other property
containing four or more residential dwelling units and all business
and commercial property that does not meet the low volume business
classification.

The Department reserves the right to require the furnishing of detailed drawings showing the proposed installation and to approve or disapprove the type of valving to be installed on such a system and to inspect by its own forces or duly authorized representatives any such installation, past, present or future, and to require that the standards outlined in Subsection D(1)(a) be met.

Detailed plans and drawings of any and all such installations
shall be furnished for the approval of the Department before any permit
to make such installation or build shall be issued and to inspect
the same during construction to guarantee compliance.

The Department reserves the right to require any sprinkler system
installation or any hydrant system installation installed prior to
the date of this chapter to be brought up to the standards referred
to at any time.

Water for construction. Water for contractors, builders and other
temporary purposes (§ 272-2B) will be billed from $30 upward
for such privilege, according to the estimated amount of water to
be used or metered at the discretion of the Department. The willful
waste of water under temporary permits shall constitute a violation
of this chapter, and the Department may cancel such permit.

The procedures to be followed by owners of developments in the
Town of Kingsbury who propose to install new water mains shall be
in accordance with the rules and regulations of the Department and
as enumerated in the following sections:

The owner or his engineer shall furnish the Department with two prints
of the proposed overall development plan on which are indicated the
required water mains and appurtenances. The Department shall also
furnish to the owner the Department's requirements regarding
materials of construction and specifications for pipe, fittings, valves,
hydrants and appurtenances. After this plan has been approved by the
Department, one copy will be filed with said Department. Maps shall
be 24 inches by 36 inches in size, drawn to the scale of one inch
equals 50 feet.

Before the owner is ready to file his map with the Department of Health, he shall furnish the Department, for its approval, with a copy of the proposed map, on which will be indicated the size of the water mains and appurtenances along with construction specifications, in writing, which should be consistent with the requirements of the Department furnished under Subsection A above.

The water mains will be installed under the supervision of the Town-designated
engineer and the Department, and upon completion, one Mylar of as-built
plans of the completed installation shall be furnished to the Department
by the owner.

Upon completion of construction, the entire water system must be
turned over to the Town. However, before the Town will undertake to
take over such water system so installed in private developments,
the developer must transfer its right, title, interest and ownership
to the Town for the normal consideration of $1 before it will undertake
to keep it in operation and repair. The Town must be furnished satisfactory
proof that either the streets in which the water mains are laid have
been dedicated and accepted by proper public authority or instruments
granting easements to the Town in a form to be recorded in Washington
County Clerk's office with a satisfactory title company certificate
showing the same to be executed by all owners and mortgagees or other
lienors, and that all valve boxes have been located and placed at
the right levels.

The Town Board of the Town of Kingsbury may discontinue water service
and shut off the supply from any premises, the owner or occupant of
which has failed to comply with the provisions of this article or
any rules and regulations relating to the character and construction
and maintenance of pipes and connections and the use of the water.
Such service will not be resumed until the cause for such discontinuance
is removed and the expense of shutting off and turning on the water
is paid. This remedy may be used alone or in conjunction with any
other remedies set forth herein.

In addition to the remedies set forth herein, the Town Board of the
Town of Kingsbury may also forward overdue and unpaid water bills
to the County of Washington and request that the same be made a lien
on the property and billed for payment as part of the real property
tax assessments. This remedy may be used alone or in conjunction with
any other remedies set forth herein.

In addition to all other remedies set forth herein, noncompliance
or violation of any of the provisions of this article by any person,
persons, corporation or corporations, company or companies, partnership
or partnerships shall be considered a violation, punishable by a maximum
fine not to exceed $250 or by imprisonment for not more than 15 days,
or both. This remedy may be used alone or in conjunction with any
other remedies set forth herein.

Any person convicted of tampering with, opening or breaking the seal
of a water meter located within a private residence or any person
taking water from the District that has not passed through a water
meter within residential property may be fined up to $250 and incarcerated
for up to 15 days, or both.

Any person convicted of tampering with, opening or breaking the seal
of a water meter located within a commercial property or any person
taking water from the District that has not passed through a water
meter within a commercial establishment may be fined up to $500 and
incarcerated for up to 30 days, or both.

This article is adopted in accordance with the Municipal Home
Rule Law of the State of New York, and the Town Law of the State of
New York. Furthermore, it is enacted in accordance with the Federal
Safe Drinking Water Act of 1974, and the statutes of the State of
New York, and those certain terms, conditions and provisions of the
New York State Sanitary Code, Part 5, Section 5- 1.31.

The purpose of this article is to safeguard potable water supplies
from potential contamination by preventing backflow from a water user's
system into the public water system. It is the intent of this article
to recognize that there are varying degrees of hazard and to apply
the principal that the degrees of protection should be commensurate
with the degrees of hazard. Further, it is the intent of the Town
of Kingsbury, New York, to comply with the requirements of New York
State Sanitary Code, Part 5, Section 5-1.31, which section mandates
that the supplier of water protect their water system in accordance
with procedures acceptable to the Commissioner of Health. These mandated
requirements are set forth in the Cross Connection Control Manual
published by the New York State Department of Health (NYSDOH), and
to that extent, the terms, conditions and provisions of the New York
State Sanitary Code, Part 5, Section 5-1.31, and the Cross Connection
Control Manual are incorporated in this article by reference as if
more fully stated.

The Water Superintendent shall be responsible for the protection
of the public potable water distribution system from contamination
or pollution due to the backflow or backsiphonage of contaminants
or pollutants through the water service connection. If, in the judgment
of the Water Superintendent, an approved backflow device is required
at the Town's water service connection to any customer's
premises, the Water Superintendent, or his delegated agent, shall
give notice in writing to said customer to install an approved backflow
prevention device at each service connection to his premises. The
customer shall, within 90 days, install such approved device, or devices,
at his own expense, and failure or refusal or inability on the part
of the customer to install said device or devices within 90 days shall
constitute a ground for discontinuing water service to the premises
until such device or devices have been properly installed.

Accepted by the Water Superintendent as meeting an applicable
specification stated or cited in this regulation, or as suitable for
the proposed use. Devices must be approved by the New York State Department
of Health as a complete assembly and must be installed so that the
device is readily accessible for maintenance and testing, and in a
location where no part of the valve will be submerged.

A physical separation sufficient to prevent backflow between the free-flowing discharge end of the potable water system and any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one inch.

An assembly of two independently operating spring-loaded check valves with tightly closing shut off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve.

A device containing one or two independently operated spring-loaded check valves and an independently operated spring-loaded air inlet valve located on the discharge side of the check or checks. Device includes tightly closing shut-off valves on each side of the check valves and properly located test cocks for the testing of the check valve(s).

An assembly consisting of two independently operating approved check valves with an automatically operating differential relief valve located between the two check valves, tightly closing shut-off valves on each side of the check valves plus properly located test cocks for the testing of the check valves and the relief valve.

An assembly of two spring-loaded, independently operating check valves without tightly closing shut-off valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device.

The flow of water or other liquids, mixtures or substances
into the distribution pipes of a potable water supply system from
any source other than its intended source caused by the sudden reduction
of pressure in the potable water supply system.

A foreign substance that, if permitted to get into the public
water system, will degrade its quality so as to constitute a moderate
hazard, or impair the usefulness or quality of the water to a degree
which does not create an actual hazard to the public health but which
does adversely and unreasonably affect such water for domestic use.

The Water Superintendent, or his delegated representative,
is invested with the authority and responsibility for the implementation
of a cross connection control program and for the enforcement of the
provisions of this article.

The Department will operate a cross connection control program, to
include the keeping of necessary records, which fulfills the requirements
of the Commission's cross connection regulations and is approved
by the Commission.

The owner shall allow his property to be inspected for possible cross
connections and shall follow the provisions of the Department's
program and the Commission's regulations if a cross connection
is permitted.

If the Department requires that the public supply be protected by
containment, the owner shall be responsible for water quality beyond
the outlet end of the containment device and should utilize fixture
outlet protection for that purpose. He may utilize public health officials,
or personnel from the Department, or their delegated representatives,
to assist him in the survey of his facilities and to assist him in
the selection of proper fixture outlet devices, and the proper installation
of these devices.

On new installations, the Department will provide onsite evaluation
and/or inspection of plans in order to approve the backflow preventer,
if any, that will be required, and will issue permit. The owner shall
submit proof of installation and testing results verifying that the
backflow preventer was installed properly and is functioning. In any
case, a minimum of a dual check valve will be required in any new
construction.

For premises existing prior to the start of this program, the Department
will perform evaluations and inspections of plans and/or premises
and inform the owner by letter of any corrective action deemed necessary,
the method of achieving the correction, and the time allowed for the
correction to be made. Ordinarily, 90 days will be allowed; however,
this time period may be shortened depending upon the degree of hazard
involved and the history of the device(s) in question.

The Department will not allow any cross connection to remain unless
it is protected by an approved backflow preventer for which a permit
has been issued and which will be regularly tested to insure satisfactory
operation.

The Department shall inform the owner, by letter, of any failure
to comply, by the time of the first re-inspection. The Department
will allow an additional 15 days for the correction. In the event
the owner fails to comply with the necessary correction by the time
of the second re-inspection, the Department will inform the owner,
by letter, that the water service to the owner's premises will
be terminated within a period not to exceed five days. In the event
that the owner informs the Department of extenuating circumstances
as to why the correction has not been made, a time extension may be
granted by the Department but in no case will exceed an additional
30 days.

The Department will begin initial premise inspections to determine
the nature of existing or potential hazards, following the approval
of this program by the Commission, during the calendar year. The initial
focus will be on high-hazard industries and commercial premises.

The owner shall not install a bypass around any backflow preventer
unless there is a backflow preventer of the same type on the bypass.
Owners who cannot shut down operation for testing of the device(s)
must supply additional devices necessary to allow testing to take
place.

Any owner having a private well or other private water source must
have a permit if the well or source is cross connected to the Department's
system. Permission to cross connect may be denied by the Department.
The owner may be required to install a backflow preventer at the service
entrance if a private water source is maintained, even if it is not
cross connected to the Department's system.

In the event the owner installs plumbing to provide potable water
for domestic purposes which is on the Department's side of the
backflow preventer, such plumbing must have its own backflow preventer
installed.

The owner shall be responsible for the payment of all fees for
permits, annual device testing, retesting in the case that the device
fails to operate correctly, and second re-inspections for noncompliance
with Department or Commission requirements.

The Department recognizes the threat to the public water system
arising from cross connections. All threats will be classified by
degree of hazard and will require the installation of approved reduced
pressure principle backflow prevention devices or double check valves.

Cross connection permits that are required for each backflow prevention
device are obtained from the Department. The testing fee, as provided
for in this chapter, will be charged for the initial permit and retesting
fee, as provided for in this chapter, will be charged for the renewal
of each permit.

Permits shall be renewed every five years and are nontransferable.
Permits are subject to revocation and become immediately revoked if
the owner should so change the type of cross connection or degree
of hazard associated with the service.

Any existing backflow preventer shall be allowed by the Department
to continue in service unless the degree of hazard is such as to supersede
the effectiveness of the present backflow preventer, or result in
an unreasonable risk to the public health. Where the degree of hazard
has increased, as in the case of a residential installation converting
to a business establishment, any existing backflow preventer must
be upgraded to an approved device.

Any backflow preventer which fails during a periodic test will be
repaired or replaced. When repairs are necessary, upon completion
of the repair the device will be retested at owner's expense
to insure correct operation. High-hazard situations will not be allowed
to continue unprotected if the backflow preventer fails the test and
cannot be repaired immediately. In other situations, a compliance
date of not more than 30 days after the test date will be established.
The owner is responsible for spare parts, repair tools, or a replacement
device. Parallel installation of two devices is an effective means
of the owner insuring uninterrupted water service during testing or
repair of devices and is strongly recommended when the owner desires
such continuity.

Backflow prevention devices will be tested more frequently than specified in Subsection A above in cases where there is a history of test failures and the Department feels that, due to the degree of hazard involved, additional testing is warranted. Cost of the additional tests will be borne by the owner.

The Town Board shall, by resolution thereof, establish and amend
from time to time all fees required by this chapter. Upon resolution
by the Town Board, the Department will publish a list of fees or charges
for the following services or permits:

Delivery of water to the premises of any owner may be discontinued
by the Department if any preventative device required by this article
has not been installed, inspected, tested and maintained or is defective
or has been removed or bypassed.

Delivery of water shall not be resumed until any preventative device
required by this article and approved by the Department has been properly
installed or until conditions at the consumer's premises causing
the contamination danger or contamination have been abated or corrected
to the satisfaction of the Department.

The date on or after which delivery of water will be discontinued
and which shall not be fewer than 15 days nor more than 90 days following
the date of delivery of mailing of the notice. The Department may
grant the owner an extension of an additional period not to exceed
90 days if he determines the owner has exercised due diligence, but
has been unable to comply with all of the requirements contained in
the notice within the time originally allowed.

The notice shall be given by delivering the same to the owner, the
manager or agent thereof or to any person in charge of or employed
in the place of business of the owner; or, if the consumer has no
place of business, then at the place of residence of the owner, if
known, or by leaving the notice at either the place of business or
the property. If the owner cannot be located, service of the notice
shall be mailed, postage paid, addressed to the owner at the place
of business or address set for in the application of owner forth water
service in the records of the Town.

If any facility served by a water system denies the Department access
to their premises for the purposes of determining if protection of
the public water system is necessary, then the maximum protection
condition shall be imposed with the requirement that the number of
devices shall equal the number of service lines.